Federal Lands Recreation Enhancement Act (FLREA) (16 USC 6801 through 6814)

6/24/2020

16 USC Ch. 87: FEDERAL LANDS RECREATION ENHANCEMENT
From Title 16—CONSERVATION

CHAPTER 87—FEDERAL LANDS RECREATION ENHANCEMENT
Sec.

6801.
6802.
6803.
6804.
6805.
6806.
6807.
6808.
6809.
6810.
6811.
6812.
6813.
6814.

Definitions.
Recreation fee authority.
Public participation.
Recreation passes.
Cooperative agreements.
Special account and distribution of fees and revenues.
Expenditures.
Reports.
Sunset provision.
Volunteers.
Enforcement and protection of receipts.
Repeal of superseded admission and use fee authorities.
Relation to other laws and fee collection authorities.
Limitation on use of fees for employee bonuses.

§6801. Definitions
In this chapter:
(1) Standard amenity recreation fee
The term "standard amenity recreation fee" means the recreation fee authorized by section 6802(f) of this title.
(2) Expanded amenity recreation fee
The term "expanded amenity recreation fee" means the recreation fee authorized by section 6802(g) of this title.
(3) Entrance fee
The term "entrance fee" means the recreation fee authorized to be charged to enter onto lands managed by the
National Park Service or the United States Fish and Wildlife Service.
(4) Federal land management agency
The term "Federal land management agency" means the National Park Service, the United States Fish and
Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation, or the Forest Service.
(5) Federal recreational lands and waters
The term "Federal recreational lands and waters" means lands or waters managed by a Federal land
management agency.
(6) National Parks and Federal Recreational Lands Pass
The term "National Parks and Federal Recreational Lands Pass" means the interagency national pass authorized
by section 6804 of this title.
(7) Passholder
The term "passholder" means the person who is issued a recreation pass.
(8) Recreation fee
The term "recreation fee" means an entrance fee, standard amenity recreation fee, expanded amenity recreation
fee, or special recreation permit fee.
(9) Recreation pass
The term "recreation pass" means the National Parks and Federal Recreational Lands Pass or one of the other
recreation passes available as authorized by section 6804 of this title.
(10) Secretary
The term "Secretary" means—
(A) the Secretary of the Interior, with respect to a Federal land management agency (other than the Forest
Service); and
1/18

6/24/2020

(B) the Secretary of Agriculture, with respect to the Forest Service.
(11) Secretaries
The term "Secretaries" means the Secretary of the Interior and the Secretary of Agriculture acting jointly.
(12) Special account
The term "special account" means the special account established in the Treasury under section 6806 of this title
for a Federal land management agency.
(13) Special recreation permit fee
The term "special recreation permit fee" means the fee authorized by section 6802(h) of this title.
(Pub. L. 108–447, div. J, title VIII, §802, Dec. 8, 2004, 118 Stat. 3377.)

R

T

This chapter, referred to in text, was in the original "this Act", and was translated as reading "this title",
meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the Federal Lands
Recreation Enhancement Act, to reflect the probable intent of Congress. For complete classification of
title VIII to the Code, see Short Title note set out below and Tables.
Sections 6802, 6804 and 6806 of this title, referred to in text, were in the original references to sections 3, 5
and 7, respectively, and were translated as meaning sections 803, 805 and 807, respectively, of title VIII
of div. J of Pub. L. 108–447, to reflect the probable intent of Congress.

S

T

Pub. L. 108–447, div. J, title VIII, §801(a), Dec. 8, 2004, 118 Stat. 3377, provided that: "This title [enacting
this chapter, amending section 460l–6a of this title, repealing sections 3911, 5982, and 5991 to 5995 of this title,
and repealing provisions set out as a note under 460l–6a of this title] may be cited as the 'Federal Lands
Recreation Enhancement Act'."

§6802. Recreation fee authority
(a) Authority of Secretary
Beginning in fiscal year 2005 and thereafter, the Secretary may establish, modify, charge, and collect recreation fees
at Federal recreational lands and waters as provided for in this section.
(b) Basis for recreation fees
Recreation fees shall be established in a manner consistent with the following criteria:
(1) The amount of the recreation fee shall be commensurate with the benefits and services provided to the visitor.
(2) The Secretary shall consider the aggregate effect of recreation fees on recreation users and recreation service
providers.
(3) The Secretary shall consider comparable fees charged elsewhere and by other public agencies and by nearby
private sector operators.
(4) The Secretary shall consider the public policy or management objectives served by the recreation fee.
(5) The Secretary shall obtain input from the appropriate Recreation Resource Advisory Committee, as provided in
section 6803(d) of this title.
(6) The Secretary shall consider such other factors or criteria as determined appropriate by the Secretary.
(c) Special considerations
The Secretary shall establish the minimum number of recreation fees and shall avoid the collection of multiple or
layered recreation fees for similar uses, activities, or programs.
(d) Limitations on recreation fees
(1) Prohibition on fees for certain activities or services
The Secretary shall not charge any standard amenity recreation fee or expanded amenity recreation fee for
Federal recreational lands and waters administered by the Bureau of Land Management, the Forest Service, or the
Bureau of Reclamation under this chapter for any of the following:
(A) Solely for parking, undesignated parking, or picnicking along roads or trailsides.
(B) For general access unless specifically authorized under this section.
(C) For dispersed areas with low or no investment unless specifically authorized under this section.
(D) For persons who are driving through, walking through, boating through, horseback riding through, or hiking
through Federal recreational lands and waters without using the facilities and services.
(E) For camping at undeveloped sites that do not provide a minimum number of facilities and services as
described in subsection (g)(2)(A).
(F) For use of overlooks or scenic pullouts.
2/18

6/24/2020

(G) For travel by private, noncommercial vehicle over any national parkway or any road or highway established
as a part of the Federal-aid System, as defined in section 101 of title 23,1 which is commonly used by the public
as a means of travel between two places either or both of which are outside any unit or area at which recreation
fees are charged under this chapter.
(H) For travel by private, noncommercial vehicle, boat, or aircraft over any road or highway, waterway, or airway
to any land in which such person has any property right if such land is within any unit or area at which recreation
fees are charged under this chapter.
(I) For any person who has a right of access for hunting or fishing privileges under a specific provision of law or
treaty.
(J) For any person who is engaged in the conduct of official Federal, State, Tribal, or local government business.
(K) For special attention or extra services necessary to meet the needs of the disabled.
(2) Relation to fees for use of highways or roads
An entity that pays a special recreation permit fee or similar permit fee shall not be subject to a road cost-sharing
fee or a fee for the use of highways or roads that are open to private, noncommercial use within the boundaries of
any Federal recreational lands or waters, as authorized under section 537 of this title.
(3) Prohibition on fees for certain persons or places
The Secretary shall not charge an entrance fee or standard amenity recreation fee for the following:
(A) Any person under 16 years of age.
(B) Outings conducted for noncommercial educational purposes by schools or bona fide academic institutions.
(C) The U.S.S. Arizona Memorial, Independence National Historical Park, any unit of the National Park System
within the District of Columbia, or Arlington House-Robert E. Lee National Memorial.
(D) The Flight 93 National Memorial.
(E) Entrance on other routes into the Great Smoky Mountains National Park or any part thereof unless fees are
charged for entrance into that park on main highways and thoroughfares.
(F) Entrance on units of the National Park System containing deed restrictions on charging fees.
(G) An area or unit covered under section 203 of the Alaska National Interest Lands Conservation Act (Public
Law 96–487; 16 U.S.C. 410hh–2), with the exception of Denali National Park and Preserve.
(H) A unit of the National Wildlife Refuge System created, expanded, or modified by the Alaska National Interest
Lands Conservation Act (Public Law 96–487).
(I) Any person who visits a unit or area under the jurisdiction of the United States Fish and Wildlife Service and
who has been issued a valid migratory bird hunting and conservation stamp issued under section 718b of this title.
(J) Any person engaged in a nonrecreational activity authorized under a valid permit issued under any other Act,
including a valid grazing permit.
(4) No restriction on recreation opportunities
Nothing in this chapter shall limit the use of recreation opportunities only to areas designated for collection of
recreation fees.
(e) Entrance fee
(1) Authorized sites for entrance fees
The Secretary of the Interior may charge an entrance fee for a unit of the National Park System, including a
national monument administered by the National Park Service, or for a unit of the National Wildlife Refuge System.
(2) Prohibited sites
The Secretary shall not charge an entrance fee for Federal recreational lands and waters managed by the Bureau
of Land Management, the Bureau of Reclamation, or the Forest Service.
(f) Standard amenity recreation fee
Except as limited by subsection (d), the Secretary may charge a standard amenity recreation fee for Federal
recreational lands and waters under the jurisdiction of the Bureau of Land Management, the Bureau of Reclamation, or
the Forest Service, but only at the following:
(1) A National Conservation Area.
(2) A National Volcanic Monument.
(3) A destination visitor or interpretive center that provides a broad range of interpretive services, programs, and
media.
(4) An area—
(A) that provides significant opportunities for outdoor recreation;
(B) that has substantial Federal investments;
(C) where fees can be efficiently collected; and
(D) that contains all of the following amenities:
(i) Designated developed parking.
(ii) A permanent toilet facility.
(iii) A permanent trash receptacle.
(iv) Interpretive sign, exhibit, or kiosk.
3/18

6/24/2020

(v) Picnic tables.
(vi) Security services.
(g) Expanded amenity recreation fee
(1) NPS and USFWS authority
Except as limited by subsection (d), the Secretary of the Interior may charge an expanded amenity recreation fee,
either in addition to an entrance fee or by itself, at Federal recreational lands and waters under the jurisdiction of the
National Park Service or the United States Fish and Wildlife Service when the Secretary of the Interior determines
that the visitor uses a specific or specialized facility, equipment, or service.
(2) Other Federal land management agencies
Except as limited by subsection (d), the Secretary may charge an expanded amenity recreation fee, either in
addition to a standard amenity fee or by itself, at Federal recreational lands and waters under the jurisdiction of the
Forest Service, the Bureau of Land Management, or the Bureau of Reclamation, but only for the following facilities or
services:
(A) Use of developed campgrounds that provide at least a majority of the following:
(i) Tent or trailer spaces.
(ii) Picnic tables.
(iii) Drinking water.
(iv) Access roads.
(v) The collection of the fee by an employee or agent of the Federal land management agency.
(vi) Reasonable visitor protection.
(vii) Refuse containers.
(viii) Toilet facilities.
(ix) Simple devices for containing a campfire.
(B) Use of highly developed boat launches with specialized facilities or services such as mechanical or hydraulic
boat lifts or facilities, multi-lane paved ramps, paved parking, restrooms and other improvements such as boarding
floats, loading ramps, or fish cleaning stations.
(C) Rental of cabins, boats, stock animals, lookouts, historic structures, group day-use or overnight sites, audio
tour devices, portable sanitation devices, binoculars or other equipment.
(D) Use of hookups for electricity, cable, or sewer.
(E) Use of sanitary dump stations.
(F) Participation in an enhanced interpretive program or special tour.
(G) Use of reservation services.
(H) Use of transportation services.
(I) Use of areas where emergency medical or first-aid services are administered from facilities staffed by public
employees or employees under a contract or reciprocal agreement with the Federal Government.
(J) Use of developed swimming sites that provide at least a majority of the following:
(i) Bathhouse with showers and flush toilets.
(ii) Refuse containers.
(iii) Picnic areas.
(iv) Paved parking.
(v) Attendants, including lifeguards.
(vi) Floats encompassing the swimming area.
(vii) Swimming deck.
(h) Special recreation permit fee
The Secretary may issue a special recreation permit, and charge a special recreation permit fee in connection with
the issuance of the permit, for specialized recreation uses of Federal recreational lands and waters, such as group
activities, recreation events, motorized recreational vehicle use.
(Pub. L. 108–447, div. J, title VIII, §803, Dec. 8, 2004, 118 Stat. 3378.)

R

T

Section 6803 of this title, referred to in subsec. (b)(5), was in the original a reference to section 4, and was
translated as meaning section 804 of title VIII of div. J of Pub. L. 108–447, to reflect the probable intent of
Congress.
This chapter, referred to in subsec. (d)(1), (4), was in the original "this Act", and was translated as
reading "this title", meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the
Federal Lands Recreation Enhancement Act, to reflect the probable intent of Congress. For complete
classification of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.
Section 101 of title 23, referred to in subsec. (d)(1)(G), was subsequently amended, and section 101 no
longer defines "Federal-aid System".
4/18

6/24/2020

The Alaska National Interest Lands Conservation Act, referred to in subsec. (d)(3)(H), is Pub. L. 96–487,
Dec. 2, 1980, 94 Stat. 2371, as amended. For complete classification of this Act to the Code, see Short
Title note set out under section 3101 of this title and Tables.

P

E

F

S

L

N

M

Pub. L. 100–55, June 19, 1987, 101 Stat. 371, provided: "That, notwithstanding any other provision of law,
after the date of enactment of this Act [June 19, 1987], the Secretary of the Interior shall not charge any
entrance or admission fee at the Statue of Liberty National Monument, New Jersey and New York."
1 See References in Text note below.

§6803. Public participation
(a) In general
As required in this section, the Secretary shall provide the public with opportunities to participate in the development
of or changing of a recreation fee established under this chapter.
(b) Advance notice
The Secretary shall publish a notice in the Federal Register of the establishment of a new recreation fee area for
each agency 6 months before establishment. The Secretary shall publish notice of a new recreation fee or a change to
an existing recreation fee established under this chapter in local newspapers and publications located near the site at
which the recreation fee would be established or changed.
(c) Public involvement
Before establishing any new recreation fee area, the Secretary shall provide opportunity for public involvement by—
(1) establishing guidelines for public involvement;
(2) establishing guidelines on how agencies will demonstrate on an annual basis how they have provided
information to the public on the use of recreation fee revenues; and
(3) publishing the guidelines in paragraphs (1) and (2) in the Federal Register.
(d) Recreation Resource Advisory Committee
(1) Establishment
(A) Authority to establish
Except as provided in subparagraphs (C) and (D), the Secretary or the Secretaries shall establish a Recreation
Resource Advisory Committee in each State or region for Federal recreational lands and waters managed by the
Forest Service or the Bureau of Land Management to perform the duties described in paragraph (2).
(B) Number of Committees
The Secretary may have as many additional Recreation Resource Advisory Committees in a State or region as
the Secretary considers necessary for the effective operation of this chapter.
(C) Exception
The Secretary shall not establish a Recreation Resource Advisory Committee in a State if the Secretary
determines, in consultation with the Governor of the State, that sufficient interest does not exist to ensure that
participation on the Committee is balanced in terms of the points of view represented and the functions to be
performed.
(D) Use of other entities
In lieu of establishing a Recreation Resource Advisory Committee under subparagraph (A), the Secretary may
use a Resource Advisory Committee established pursuant to another provision of law and in accordance with that
law or a recreation fee advisory board otherwise established by the Secretary to perform the duties specified in
paragraph (2).
(2) Duties
In accordance with the procedures required by paragraph (9), a Recreation Resource Advisory Committee may
make recommendations to the Secretary regarding a standard amenity recreation fee or an expanded amenity
recreation fee, whenever the recommendations relate to public concerns in the State or region covered by the
Committee regarding—
(A) the implementation of a standard amenity recreation fee or an expanded amenity recreation fee or the
establishment of a specific recreation fee site;
(B) the elimination of a standard amenity recreation fee or an expanded amenity recreation fee; or
(C) the expansion or limitation of the recreation fee program.
(3) Meetings
5/18

6/24/2020

A Recreation Resource Advisory Committee shall meet at least annually, but may, at the discretion of the
Secretary, meet as often as needed to deal with citizen concerns about the recreation fee program in a timely
manner.
(4) Notice of rejection
If the Secretary rejects the recommendation of a Recreation Resource Advisory Committee, the Secretary shall
issue a notice that identifies the reasons for rejecting the recommendation to the Committee on Resources of the
House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 30
days before the Secretary implements a decision pertaining to that recommendation.
(5) Composition of the Advisory Committee
(A) Number
A Recreation Resource Advisory Committee shall be comprised of 11 members.
(B) Nominations
The Governor and the designated county official from each county in the relevant State or Region may submit a
list of nominations in the categories described under subparagraph (D).
(C) Appointment
The Secretary may appoint members of the Recreation Resource Advisory Committee from the list as provided
in subparagraph (B).
(D) Broad and balanced representation
In appointing the members of a Recreation Resource Advisory Committee, the Secretary shall provide for a
balanced and broad representation from the recreation community that shall include the following:
(i) Five persons who represent recreation users and that include, as appropriate, persons representing the
following:
(I) Winter motorized recreation, such as snowmobiling.
(II) Winter non-motorized recreation, such as snowshoeing, cross country and down hill skiing, and
snowboarding.
(III) Summer motorized recreation, such as motorcycles, boaters, and off-highway vehicles.
(IV) Summer nonmotorized recreation, such as backpacking, horseback riding, mountain biking, canoeing,
and rafting.
(V) Hunting and fishing.
(ii) Three persons who represent interest groups that include, as appropriate, the following:
(I) Motorized outfitters and guides.
(II) Non-motorized outfitters and guides.
(III) Local environmental groups.
(iii) Three persons, as follows:
(I) State tourism official to represent the State.
(II) A person who represents affected Indian tribes.
(III) A person who represents affected local government interests.
(6) Term
(A) Length of term
The Secretary shall appoint the members of a Recreation Resource Advisory Committee for staggered terms of
2 and 3 years beginning on the date that the members are first appointed. The Secretary may reappoint members
to subsequent 2- or 3-year terms.
(B) Effect of vacancy
The Secretary shall make appointments to fill a vacancy on a Recreation Resource Advisory Committee as
soon as practicable after the vacancy has occurred.
(C) Effect of unexpected vacancy
Where an unexpected vacancy occurs, the Governor and the designated county officials from each county in
the relevant State shall provide the Secretary with a list of nominations in the relevant category, as described
under paragraph (5)(D), not later than two months after notification of the vacancy. To the extent possible, a
vacancy shall be filled in the same category and term in which the original appointment was made.
(7) Chairperson
The chairperson of a Recreation Resource Advisory Committee shall be selected by the majority vote of the
members of the Committee.
(8) Quorum
6/18

6/24/2020

Eight members shall constitute a quorum. A quorum must be present to constitute an official meeting of a
Recreation Resource Advisory Committee.
(9) Approval procedures
A Recreation Resource Advisory Committee shall establish procedures for making recommendations to the
Secretary. A recommendation may be submitted to the Secretary only if the recommendation is approved by a
majority of the members of the Committee from each of the categories specified in paragraph (5)(D) and general
public support for the recommendation is documented.
(10) Compensation
Members of the Recreation Resource Advisory Committee shall not receive any compensation.
(11) Public participation in the Recreation Resource Advisory Committee
(A) Notice of meetings
All meetings of a Recreation Resource Advisory Committee shall be announced at least one week in advance in
a local newspaper of record and the Federal Register, and shall be open to the public.
(B) Records
A Recreation Resource Advisory Committee shall maintain records of the meetings of the Recreation Resource
Advisory Committee and make the records available for public inspection.
(12) Federal Advisory Committee Act
A Recreation Resource Advisory Committee is subject to the provisions of the Federal Advisory Committee Act (5
U.S.C. App.).
(e) Miscellaneous administrative provisions regarding recreation fees and recreation passes
(1) Notice of entrance fees, standard amenity recreation fees, and passes
The Secretary shall post clear notice of any entrance fee, standard amenity recreation fee, and available
recreation passes at appropriate locations in each unit or area of a Federal land management agency where an
entrance fee or a standard amenity recreation fee is charged. The Secretary shall include such notice in publications
distributed at the unit or area.
(2) Notice of recreation fee projects
To the extent practicable, the Secretary shall post clear notice of locations where work is performed using
recreation fee or recreation pass revenues collected under this chapter.
(Pub. L. 108–447, div. J, title VIII, §804, Dec. 8, 2004, 118 Stat. 3382.)

R

T

This chapter, referred to in subsecs. (a), (b), (d)(1)(B), and (e)(2), was in the original "this Act", and was
translated as reading "this title", meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377,
known as the Federal Lands Recreation Enhancement Act, to reflect the probable intent of Congress. For
complete classification of title VIII to the Code, see Short Title note set out under section 6801 of this title
and Tables.
The Federal Advisory Committee Act, referred to in subsec. (d)(12), is Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and
Employees.

C

N

Committee on Resources of House of Representatives changed to Committee on Natural Resources of
House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§6804. Recreation passes
(a) America the Beautiful—the National Parks and Federal Recreational Lands Pass
(1) Availability and use
The Secretaries shall establish, and may charge a fee for, an interagency national pass to be known as the
"America the Beautiful—the National Parks and Federal Recreational Lands Pass", which shall cover the entrance
fee and standard amenity recreation fee for all Federal recreational lands and waters for which an entrance fee or a
standard amenity recreation fee is charged.
(2) Image competition for recreation pass
The Secretaries shall hold an annual competition to select the image to be used on the National Parks and
Federal Recreational Lands Pass for a year. The competition shall be open to the public and used as a means to
7/18

6/24/2020

educate the American people about Federal recreational lands and waters.
(3) Notice of establishment
The Secretaries shall publish a notice in the Federal Register when the National Parks and Federal Recreational
Lands Pass is first established and available for purchase.
(4) Duration
The National Parks and Federal Recreational Lands Pass shall be valid for a period of 12 months from the date of
the issuance of the recreation pass to a passholder, except in the case of the age and disability discounted passes
issued under subsection (b).
(5) Price
The Secretaries shall establish the price at which the National Parks and Federal Recreational Lands Pass will be
sold to the public.
(6) Sales locations and marketing
(A) In general
The Secretary shall sell the National Parks and Federal Recreational Lands Pass at all Federal recreational
lands and waters at which an entrance fee or a standard amenity recreation fee is charged and at such other
locations as the Secretaries consider appropriate and feasible.
(B) Use of vendors
The Secretary may enter into fee management agreements as provided in section 6805 of this title.
(C) Marketing
The Secretaries shall take such actions as are appropriate to provide for the active marketing of the National
Parks and Federal Recreational Lands Pass.
(7) Administrative guidelines
The Secretaries shall issue guidelines on administration of the National Parks and Federal Recreational Lands
Pass, which shall include agreement on price, the distribution of revenues between the Federal land management
agencies, the sharing of costs, benefits provided, marketing and design, adequate documentation for age and
disability discounts under subsection (b), and the issuance of that recreation pass to volunteers. The Secretaries
shall take into consideration all relevant visitor and sales data available in establishing the guidelines.
(8) Development and implementation agreements
The Secretaries may enter into cooperative agreements with governmental and nongovernmental entities for the
development and implementation of the National Parks and Federal Recreational Lands Pass Program.
(9) Prohibition on other national recreation passes
The Secretary may not establish any national recreation pass, except as provided in this section.
(b) Discounted passes
(1) Age discount
(A) The Secretary shall make the National Parks and Federal Recreational Lands Pass available to any United
States citizen or person domiciled in the United States who is 62 years of age or older, if the citizen or person
provides adequate proof of such age and such citizenship or residency. The National Parks and Federal
Recreational Lands Pass made available under this subsection shall be available—
(i) for a period of 12 months from the date of the issuance, at a cost of $20; and
(ii) for the lifetime of the passholder, at a cost equal to the cost of the National Parks and Federal Recreational
Lands Pass purchased under subsection (a).
(B) The Secretary shall issue a pass under subparagraph (A)(ii), for no additional cost, to any individual who
provides evidence, under policies and guidelines determined by the Secretary, that the individual has purchased a
pass under subparagraph (A)(i) for each of the 4 years prior to being issued a pass under this subparagraph.
(2) Disability discount
The Secretary shall make the National Parks and Federal Recreational Lands Pass available, without charge, to
any United States citizen or person domiciled in the United States who has been medically determined to be
permanently disabled for purposes of section 705(20)(B)(i) of title 29, if the citizen or person provides adequate proof
of the disability and such citizenship or residency. The National Parks and Federal Recreational Lands Pass made
available under this subsection shall be valid for the lifetime of the passholder.
(c) Site-specific agency passes
The Secretary may establish and charge a fee for a site-specific pass that will cover the entrance fee or standard
amenity recreation fee for particular Federal recreational lands and waters for a specified period not to exceed 12
months.
8/18

6/24/2020

(d) Regional multientity passes
(1) Passes authorized
The Secretary may establish and charge a fee for a regional multientity pass that will be accepted by one or more
Federal land management agencies or by one or more governmental or nongovernmental entities for a specified
period not to exceed 12 months. To include a Federal land management agency or governmental or
nongovernmental entity over which the Secretary does not have jurisdiction, the Secretary shall obtain the consent
of the head of such agency or entity.
(2) Regional multientity pass agreement
In order to establish a regional multientity pass under this subsection, the Secretary shall enter into a regional
multientity pass agreement with all the participating agencies or entities on price, the distribution of revenues
between participating agencies or entities, the sharing of costs, benefits provided, marketing and design, and the
issuance of the pass to volunteers. The Secretary shall take into consideration all relevant visitor and sales data
available when entering into this agreement.
(e) Discounted or free admission days or use
The Secretary may provide for a discounted or free admission day or use of Federal recreational lands and waters.
(f) Effect on existing passports and permits
(1) Existing passports
A passport issued under section 100904 of title 54 or title VI of the National Parks Omnibus Management Act of
1998 (Public Law 105–391), such as the Golden Eagle Passport, the Golden Age Passport, the Golden Access
Passport, and the National Parks Passport, that was valid on the day before the publication of the Federal Register
notice required under subsection (a)(3) shall be valid in accordance with the terms agreed to at the time of issuance
of the passport, to the extent practicable, and remain in effect until expired, lost, or stolen.
(2) Permits
A permit issued under section 100904 of title 54 that was valid on the day before December 8, 2004, shall be valid
and remain in effect until expired, revoked, or suspended.
(Pub. L. 108–447, div. J, title VIII, §805, Dec. 8, 2004, 118 Stat. 3385; Pub. L. 113–287, §5(d)(36), Dec. 19, 2014, 128
Stat. 3267; Pub. L. 114–289, title I, §102, Dec. 16, 2016, 130 Stat. 1484.)

R

T

Section 6805 of this title, referred to in subsec. (a)(6)(B), was in the original a reference to section 6, and
was translated as meaning section 806 of title VIII of div. J of Pub. L. 108–447, to reflect the probable intent
of Congress.
The National Parks Omnibus Management Act of 1998, referred to in subsec. (f)(1), is Pub. L. 105–391,
Nov. 13, 1998, 112 Stat. 3497. Title VI of the Act was classified generally to subchapter V (§5991 et seq.)
of chapter 79 of this title, prior to repeal by Pub. L. 108–447, div. J, title VIII, §813(d)(2), Dec. 8, 2004, 118
Stat. 3391. For complete classification of this Act to the Code, see Tables.

C
In subsec. (f), "section 100904 of title 54" substituted for "section 4 of the Land and Water Conservation
Fund Act of 1965" in two places on authority of Pub. L. 113–287, §6(e), Dec. 19, 2014, 128 Stat. 3272, which
Act enacted Title 54, National Park Service and Related Programs.

A
2016—Subsec. (b)(1). Pub. L. 114–289 designated existing provisions as subpar. (A), struck out ", at a
cost of $10.00," before "to any United States citizen", substituted "shall be available—" and cls. (i) and (ii)
for "shall be valid for the lifetime of the pass holder.", and added subpar. (B).
2014—Subsec. (f)(1). Pub. L. 113–287, §5(d)(36)(B), struck out "; 16 U.S.C. 5991–5995" after "(Public Law
105–391".
Pub. L. 113–287, §5(d)(36)(A), made technical amendment to reference in original act which appeared in
text as reference to "section 460l–6a of this title" prior to substitution of "section 100904 of title 54". See
Codification note above.

E

K

O

A

Pub. L. 116–9, title IX, §9001, Mar. 12, 2019, 133 Stat. 829, provided that:
"(a) D
.—In this section:
"(1) F
.—The term 'Federal land and waters' means any Federal land or

body of water under the jurisdiction of any of the Secretaries to which the public has access.

9/18

6/24/2020

"(2) P
.—The term 'program' means the Every Kid Outdoors program established under
subsection (b)(1).
"(3) S
.—The term 'Secretaries' means—
"(A) the Secretary [of the Interior], acting through—
"(i) the Director of the National Park Service;
"(ii) the Director of the United States Fish and Wildlife Service;
"(iii) the Director of the Bureau of Land Management; and
"(iv) the Commissioner of Reclamation;
"(B) the Secretary of Agriculture, acting through the Chief of the Forest Service;
"(C) the Secretary of Commerce, acting through the Administrator of the National Oceanic and
Atmospheric Administration; and
"(D) the Secretary of the Army, acting through the Assistant Secretary of the Army for Civil
Works.
"(4) S
.—The term 'State' means each of the several States, the District of Columbia, American
Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and
any other territory or possession of the United States.
"(5) S
.—The term 'student' or 'students' means any fourth grader or homeschooled learner 10 years of age residing in the United States, including any territory or possession of
the United States.
"(b) E
K O
P
.—
"(1) E
.—The Secretaries shall jointly establish a program, to be known as the 'Every
Kid Outdoors program', to provide free access to Federal land and waters for students and
accompanying individuals in accordance with this subsection.
"(2) A
.—
"(A) I
.—At the request of a student, the Secretaries shall issue a pass to the student,
which allows access to Federal lands and waters for which access is subject to an entrance,
standard amenity, or day use fee, free of charge for the student and—
"(i) in the case of a per-vehicle fee area—
"(I) any passengers accompanying the student in a private, noncommercial vehicle; or
"(II) not more than three adults accompanying the student on bicycles; or
"(ii) in the case of a per-person fee area, not more than three adults accompanying the
student.
"(B) T
.—A pass described in subparagraph (A) shall be effective during the period
beginning on September 1 and ending on August 31 of the following year.
"(C) P
.—A pass described in subparagraph (A)
shall be effective only if the student to which the pass was issued is present at the point of entry to
the applicable Federal land or water.
"(3) O
.—In carrying out the program, the Secretaries—
"(A) may collaborate with State Park systems that opt to implement a complementary Every
Kid Outdoors State park pass;
"(B) may coordinate with the Secretary of Education to implement the program;
"(C) shall maintain a publicly available website with information about the program;
"(D) may provide visitor services for the program; and
"(E) may support approved partners of the Federal land and waters by providing the partners
with opportunities to participate in the program.
"(4) R
.—The Secretary, in coordination with each Secretary described in subparagraphs (B)
through (D) of subsection (a)(3), shall prepare a comprehensive report to Congress each year
describing—
"(A) the implementation of the program;
"(B) the number and geographical distribution of students who participated in the program;
and
"(C) the number of passes described in paragraph (2)(A) that were distributed.
"(5) S
.—The authorities provided in this section, including the reporting requirement, shall
expire on the date that is 7 years after the date of enactment of this Act [Mar. 12, 2019]."

A

B

N

P

F

R

L

P

P
Pub. L. 113–121, title I, §1048, June 10, 2014, 128 Stat. 1257, provided that: "The Secretary [of the Army]
may participate in the America the Beautiful National Parks and Federal Recreational Lands Pass
program in the same manner as the National Park Service, the Bureau of Land Management, the United
10/18

6/24/2020

States Fish and Wildlife Service, the Forest Service, and the Bureau of Reclamation, including the
provision of free annual passes to active duty military personnel and dependents."

§6805. Cooperative agreements
(a) Fee management agreement
Notwithstanding chapter 63 of title 31, the Secretary may enter into a fee management agreement, including a
contract, which may provide for a reasonable commission, reimbursement, or discount, with the following entities for
the following purposes:
(1) With any governmental or nongovernmental entity, including those in a gateway community, for the purpose of
obtaining fee collection and processing services, including visitor reservation services.
(2) With any governmental or nongovernmental entity, including those in a gateway community, for the purpose of
obtaining emergency medical services.
(3) With any governmental entity, including those in a gateway community, to obtain law enforcement services.
(b) Revenue sharing
A State or legal subdivision of a State that enters into an agreement with the Secretary under subsection (a) may
share in a percentage of the revenues collected at the site in accordance with that fee management agreement.
(c) County proposals
The Secretary shall consider any proposal submitted by a county to provide services described in subsection (a). If
the Secretary decides not to enter into a fee management agreement with the county under subsection (a), the
Secretary shall notify the county in writing of the decision, identifying the reasons for the decision. The fee
management agreement may include cooperative site planning and management provisions.
(Pub. L. 108–447, div. J, title VIII, §806, Dec. 8, 2004, 118 Stat. 3387.)

§6806. Special account and distribution of fees and revenues
(a) Special account
The Secretary of the Treasury shall establish a special account in the Treasury for each Federal land management
agency.
(b) Deposits
Subject to subsections (c), (d), and (e), revenues collected by each Federal land management agency under this
chapter shall—
(1) be deposited in its special account; and
(2) remain available for expenditure, without further appropriation, until expended.
(c) Distribution of recreation fees and single-site agency pass revenues
(1) Local distribution of funds
(A) Retention of revenues
Not less than 80 percent of the recreation fees and site-specific agency pass revenues collected at a specific
unit or area of a Federal land management agency shall remain available for expenditure, without further
appropriation, until expended at that unit or area.
(B) Reduction
The Secretary may reduce the percentage allocation otherwise applicable under subparagraph (A) to a unit or
area of a Federal land management agency, but not below 60 percent, for a fiscal year if the Secretary determines
that the revenues collected at the unit or area exceed the reasonable needs of the unit or area for which
expenditures may be made for that fiscal year.
(2) Agency-wide distribution of funds
The balance of the recreation fees and site-specific agency pass revenues collected at a specific unit or area of a
Federal land management and not distributed in accordance with paragraph (1) shall remain available to that
Federal land management agency for expenditure on an agency-wide basis, without further appropriation, until
expended.
(3) Other amounts
Other amounts collected at other locations, including recreation fees collected by other entities or for a reservation
service, shall remain available, without further appropriation, until expended in accordance with guidelines
established by the Secretary.
(d) Distribution of National Parks and Federal Recreational Lands Pass revenues
11/18

6/24/2020

Revenues collected from the sale of the National Parks and Federal Recreational Lands Pass shall be deposited in
the special accounts established for the Federal land management agencies in accordance with the guidelines issued
under section 6804(a)(7) of this title.
(e) Distribution of regional multientity pass revenues
Revenues collected from the sale of a regional multientity pass authorized under section 6804(d) of this title shall be
deposited in each participating Federal land management agency's special account in accordance with the terms of the
region multientity pass agreement for the regional multientity pass.
(Pub. L. 108–447, div. J, title VIII, §807, Dec. 8, 2004, 118 Stat. 3388.)

R

T

This chapter, referred to in subsec. (b), was in the original "this Act", and was translated as reading
"this title", meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the Federal
Lands Recreation Enhancement Act, to reflect the probable intent of Congress. For complete
classification of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.
Section 6804 of this title, referred to in subsecs. (d) and (e), was in the original a reference to section 5,
and was translated as meaning section 805 of title VIII of div. J of Pub. L. 108–447, to reflect the probable
intent of Congress.

§6807. Expenditures
(a) Use of fees at specific site or area
Amounts available for expenditure at a specific site or area—
(1) shall be accounted for separately from the amounts collected;
(2) may be distributed agency-wide; and
(3) shall be used only for—
(A) repair, maintenance, and facility enhancement related directly to visitor enjoyment, visitor access, and health
and safety;
(B) interpretation, visitor information, visitor service, visitor needs assessments, and signs;
(C) habitat restoration directly related to wildlife-dependent recreation that is limited to hunting, fishing, wildlife
observation, or photography;
(D) law enforcement related to public use and recreation;
(E) direct operating or capital costs associated with the recreation fee program; and
(F) a fee management agreement established under section 6805(a) of this title or a visitor reservation service.
(b) Limitation on use of fees
The Secretary may not use any recreation fees for biological monitoring on Federal recreational lands and waters
under the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.] for listed or candidate species.
(c) Administration, overhead, and indirect costs
The Secretary may use not more than an average of 15 percent of total revenues collected under this chapter for
administration, overhead, and indirect costs related to the recreation fee program by that Secretary.
(d) Transitional exception
Notwithstanding any other provision of this chapter, the Secretary may use amounts available in the special account
of a Federal land management agency to supplement administration and marketing costs associated with—
(1) the National Parks and Federal Recreational Lands Pass during the 5-year period beginning on the date the
joint guidelines are issued under section 6804(a)(7) of this title; and
(2) a regional multientity pass authorized section 6804(d) of this title during the 5-year period beginning on the
date the regional multientity pass agreement for that recreation pass takes effect.
(Pub. L. 108–447, div. J, title VIII, §808, Dec. 8, 2004, 118 Stat. 3388; Pub. L. 111–11, title VII, §7116(h), Mar. 30, 2009,
123 Stat. 1203.)

R

T

The Endangered Species Act of 1973, referred to in subsec. (b), is Pub. L. 93–205, Dec. 28, 1973, 87
Stat. 884, as amended, which is classified principally to chapter 35 (§1531 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
This chapter, referred to in subsecs. (c) and (d), was in the original "this Act", and was translated as
reading "this title", meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the
Federal Lands Recreation Enhancement Act, to reflect the probable intent of Congress. For complete
classification of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.

12/18

6/24/2020

Section 6804 of this title, referred to in subsec. (d), was in the original a reference to section 5 and was
translated as meaning section 805 of title VIII of div. J of Pub. L. 108–447, to reflect the probable intent of
Congress.

A
2009—Subsec. (a)(3)(F). Pub. L. 111–11, which directed technical amendment in subsec. (a)(1)(F) to
reference in original act which appears in text as reference to section 6805(a) of this title, was executed by
making technical amendment in par. (3)(F) to reflect the probable intent of Congress.

§6808. Reports
Not later than May 1, 2006, and every 3 years thereafter, the Secretary shall submit to Congress a report detailing
the status of the recreation fee program conducted for Federal recreational lands and waters, including an evaluation
of the recreation fee program, examples of projects that were funded using such fees, and future projects and
programs for funding with fees, and containing any recommendations for changes in the overall fee system.
(Pub. L. 108–447, div. J, title VIII, §809, Dec. 8, 2004, 118 Stat. 3389.)

§6809. Sunset provision
The authority of the Secretary to carry out this chapter shall terminate September 30, 2019.
(Pub. L. 108–447, div. J, title VIII, §810, Dec. 8, 2004, 118 Stat. 3389; Pub. L. 113–235, div. F, title IV, §422, Dec. 16,
2014, 128 Stat. 2449; Pub. L. 114–53, div. B, §134, Sept. 30, 2015, 129 Stat. 509, renumbered div. B, Pub. L. 114–113,
§8(3), Dec. 18, 2015, 129 Stat. 2245; Pub. L. 114–223, div. C, §133, Sept. 29, 2016, 130 Stat. 914; Pub. L. 115–56,
div. D, §131, Sept. 8, 2017, 131 Stat. 1145.)

R

T

This chapter, referred to in text, was in the original "this Act", and was translated as reading "this title",
meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the Federal Lands
Recreation Enhancement Act, to reflect the probable intent of Congress. For complete classification of
title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.

A
2017—Pub. L. 115–56 substituted "September 30, 2019" for "September 30, 2018".
2016—Pub. L. 114–223 substituted "September 30, 2018" for "September 30, 2017".
2015—Pub. L. 114–53 substituted "September 30, 2017." for "on September 30, 2016."
2014—Pub. L. 113–235 substituted "on September 30, 2016" for "10 years after December 8, 2004".

Amendment was executed as the probable intent of Congress, notwithstanding error in directory
language which referenced the editorial translation of "December 8, 2004" rather than "the date of the
enactment of this Act" which appeared in the original.

R

F

Pub. L. 116–94, div. D, title IV, §425, Dec. 20, 2019, 133 Stat. 2748, provided that: "Section 810 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall be applied by substituting 'October 1,
2021' for 'September 30, 2019'."
Similar provisions were contained in the following prior appropriation act:
Pub. L. 116–6, div. E, title IV, §427, Feb. 15, 2019, 133 Stat. 264.

§6810. Volunteers
(a) Authority to use volunteers
The Secretary may use volunteers, as appropriate, to collect recreation fees and sell recreation passes.
(b) Waiver or discount of fees; site-specific agency pass
In exchange for volunteer services, the Secretary may waive or discount an entrance fee, standard amenity
recreation fee, or an expanded amenity recreation fee that would otherwise apply to the volunteer or issue to the
volunteer a site-specific agency pass authorized under section 6804(c) of this title.
(c) National Parks and Federal Recreational Lands Pass
13/18

6/24/2020

In accordance with the guidelines issued under section 6804(a)(7) of this title, the Secretaries may issue a National
Parks and Federal Recreational Lands Pass to a volunteer in exchange for significant volunteer services performed by
the volunteer.
(d) Regional multientity passes
The Secretary may issue a regional multientity pass authorized under section 6804(d) of this title to a volunteer in
exchange for significant volunteer services performed by the volunteer, if the regional multientity pass agreement
under which the regional multientity pass was established provides for the issuance of the pass to volunteers.
(Pub. L. 108–447, div. J, title VIII, §811, Dec. 8, 2004, 118 Stat. 3389.)

R

T

Section 6804 of this title, referred to in subsecs. (b) to (d), was in the original a reference to section 5, and
was translated as meaning section 805 of title VIII of div. J of Pub. L. 108–447, to reflect the probable intent
of Congress.

§6811. Enforcement and protection of receipts
(a) Enforcement authority
The Secretary concerned shall enforce payment of the recreation fees authorized by this chapter.
(b) Evidence of nonpayment
If the display of proof of payment of a recreation fee, or the payment of a recreation fee within a certain time period is
required, failure to display such proof as required or to pay the recreation fee within the time period specified shall
constitute nonpayment.
(c) Joint liability
The registered owner and any occupant of a vehicle charged with a nonpayment violation involving the vehicle shall
be jointly liable for penalties imposed under this section, unless the registered owner can show that the vehicle was
used without the registered owner's express or implied permission.
(d) Limitation on penalties
The failure to pay a recreation fee established under this chapter shall be punishable as a Class A or Class B
misdemeanor, except that in the case of a first offense of nonpayment, the fine imposed may not exceed $100,
notwithstanding section 3571(e) of title 18.
(Pub. L. 108–447, div. J, title VIII, §812, Dec. 8, 2004, 118 Stat. 3390.)

R

T

This chapter, referred to in subsecs. (a) and (d), was in the original "this Act", and was translated as
reading "this title", meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the
Federal Lands Recreation Enhancement Act, to reflect the probable intent of Congress. For complete
classification of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.

§6812. Repeal of superseded admission and use fee authorities
(a) Land and Water Conservation Fund Act
Subsections (a), (b), (c), (d), (e), (f), (g), and (i) (except for paragraph (1)(C)) of section 4 1 of the Land and Water
Conservation Fund Act of 1965 are repealed, except that the Secretary may continue to issue Golden Eagle
Passports, Golden Age Passports, and Golden Access Passports under such section until the date the notice required
by section 6804(a)(3) of this title is published in the Federal Register regarding the establishment of the National Parks
and Federal Recreational Lands Pass.
(b) Recreational fee demonstration program
Section 315 1 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in
section 101(c) of Public Law 104–134), is repealed.
(c) Admission permits for refuge units
Section 3911 of this title is repealed.
(d) National park passport, Golden Eagle Passport, Golden Age Passport, and Golden Access Passport
Effective on the date the notice required by section 6804(a)(3) of this title is published in the Federal Register, the
following provisions of law authorizing the establishment of a national park passport program or the establishment and
14/18

6/24/2020

sale of a national park passport, Golden Eagle Passport, Golden Age Passport, or Golden Access Passport are
repealed:
(1) Section 502 1 of the National Parks Omnibus Management Act of 1998 (Public Law 105–391).
(2) Title VI 1 of the National Parks Omnibus Management Act of 1998 (Public Law 105–391).
(e) Treatment of unobligated funds
(1) Land and water conservation fund special accounts
Amounts in the special accounts established under section 4(i)(1) 1 of the Land and Water Conservation Fund Act
of 1965 for Federal land management agencies that are unobligated on December 8, 2004, shall be transferred to
the appropriate special account established under section 6806 of this title and shall be available to the Secretary in
accordance with this chapter. A special account established under section 4(i)(1) 1 of the Land and Water
Conservation Fund Act of 1965 for a Federal agency that is not a Federal land management area, and the use of
such special account, is not affected by the repeal of section 4 1 of the Land and Water Conservation Fund Act of
1965 by subsection (a) of this section.
(2) National parks passport
Any funds collected under title VI 1 of the National Parks Omnibus Management Act of 1998 (Public Law 105–
391) that are unobligated on the day before the publication of the Federal Register notice required under section
6804(a)(3) of this title shall be transferred to the special account of the National Park Service for use in accordance
with this chapter. The Secretary of the Interior may use amounts available in that special account to pay any
outstanding administration, marketing, or close-out costs associated with the national parks passport.
(3) Recreational fee demonstration program
Any funds collected in accordance with section 315 1 of the Department of the Interior and Related Agencies
Appropriations Act, 1996 (as contained in section 101(c) of Public Law 104–134), that are unobligated on the day
before December 8, 2004, shall be transferred to the appropriate special account and shall be available to the
Secretary in accordance with this chapter.
(4) Admission permits for refuge units
Any funds collected in accordance with section 3911 of this title that are available as provided in subsection (c)(A)
of such section and are unobligated on the day before December 8, 2004, shall be transferred to the special account
of the United States Fish and Wildlife Service for use in accordance with this chapter.
(f) Effect of regulations
A regulation or policy issued under a provision of law repealed by this section shall remain in effect to the extent
such a regulation or policy is consistent with the provisions of this chapter until the Secretary issues a regulation,
guideline, or policy under this chapter that supersedes the earlier regulation.
(Pub. L. 108–447, div. J, title VIII, §813, Dec. 8, 2004, 118 Stat. 3390; Pub. L. 109–54, title I, §132(a), Aug. 2, 2005,
119 Stat. 526; Pub. L. 113–287, §5(d)(37), Dec. 19, 2014, 128 Stat. 3268.)

R

T

Section 4 of the Land and Water Conservation Fund Act of 1965, referred to in subsecs. (a) and (e)(1),
was section 4 of Pub. L. 88–578, title I, as added by Pub. L. 92–347, §2, July 11, 1972, 86 Stat. 459, which
was classified to former section 460l–6a of this title. Subsecs. (a) to (g) and (i) (except par. (1)(C)) of section
4 were repealed by subsec. (a) of this section. Subsec. (h) of section 4 was previously repealed by Pub. L.
104–66, title I, §1081(f), Dec. 21, 1995, 109 Stat. 721. Subsecs. (i)(1)(C) and (j) to (n) of section 4 were
repealed and restated as section 100904 of Title 54, National Park Service and Related Programs, by Pub. L.
113–287, §§3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272.
The date the notice required by section 6804(a)(3) of this title is published in the Federal Register, referred
to in subsecs. (a), (d), and (e)(2), is Dec. 19, 2006. See 71 F.R. 75935.
Sections 6804 and 6806 of this title, referred to in subsecs. (a), (d), and (e)(1), (2), were in the original
references to sections 5 and 7, respectively, and were translated as meaning section 805 and 807,
respectively, of title VIII of div. J of Pub. L. 108–447, to reflect the probable intent of Congress.
Section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996, referred
to in subsecs. (b) and (e)(3), is Pub. L. 104–134, title I, §101(c) [title III, §315], Apr. 26, 1996, 110 Stat. 1321–
156, 1321-200, which was set out as a note under former section 460l–6a of this title, prior to repeal by
subsec. (b) of this section.
The National Parks Omnibus Management Act of 1998, referred to in subsecs. (d) and (e)(2), is Pub. L.
105–391, Nov. 13, 1998, 112 Stat. 3497. Section 502 of the Act was classified to section 5982 of this title, and
title VI of the Act was classified generally to subchapter V (§5991 et seq.) of chapter 79 of this title, prior to
repeal by subsec. (d) of this section. For complete classification of this Act to the Code, see Tables.
15/18

6/24/2020

This chapter, referred to in subsecs. (e) and (f), was in the original "this Act", and was translated as
reading "this title", meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the
Federal Lands Recreation Enhancement Act, to reflect the probable intent of Congress. For complete
classification of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.

A
2014—Subsec. (a). Pub. L. 113–287, §5(d)(37)(A), which directed amendment of "subsection (A)" by
striking out "(16 U.S.C. 460l–6a et seq.)", was executed by striking out that language after "1965" in subsec.
(a) to reflect the probable intent of Congress.
Subsec. (b). Pub. L. 113–287, §5(d)(37)(B), struck out "; 16 U.S.C. 460l–6a" after "Public Law 104–134".
Subsec. (d)(1). Pub. L. 113–287, §5(d)(37)(C)(i), which directed amendment of subsec. (c)(1) by striking
out "; 16 U.S.C. 5982", was executed by striking out that language after "(Public Law 105–391" in subsec. (d)
(1), to reflect the probable intent of Congress.
Subsec. (d)(2). Pub. L. 113–287, §5(d)(37)(C)(ii), which directed amendment of subsec. (c)(2) by striking
out "; 16 U.S.C. 5991–5995", was executed by striking out that language after "(Public Law 105–391" in
subsec. (d)(2), to reflect the probable intent of Congress.
Subsec. (e)(1). Pub. L. 113–287, §5(d)(37)(D)(i), struck out "(16 U.S.C. 460l–6a(i)(1))" after "accounts
established under section 4(i)(1) of the Land and Water Conservation Fund Act of 1965".
Subsec. (e)(2). Pub. L. 113–287, §5(d)(37)(D)(ii), struck out "; 16 U.S.C. 5991–5995" after "(Public Law 105–
391".
Subsec. (e)(3). Pub. L. 113–287, §5(d)(37)(D)(iii), struck out "; 16 U.S.C. 460l–6a" after "Public Law 104–
134".
2005—Subsec. (a). Pub. L. 109–54 inserted "(except for paragraph (1)(C))" after "and (i)".

E

D

2005 A

Pub. L. 109–54, title I, §132(d), Aug. 2, 2005, 119 Stat. 526, provided that: "This section [amending this
section and former section 460l–6a of this title and enacting provisions set out as a note under section 100904
of Title 54, National Park Service and Related Programs] and the amendments made by this section take
effect as of December 8, 2004."
1 See References in Text note below.

§6813. Relation to other laws and fee collection authorities
(a) Federal and State laws unaffected
Nothing in this chapter shall authorize Federal hunting or fishing licenses or fees or charges for commercial or other
activities not related to recreation, affect any rights or authority of the States with respect to fish and wildlife, or repeal
or modify any provision of law that permits States or political subdivisions of States to share in the revenues from
Federal lands or, except as provided in subsection (b), any provision of law that provides that any fees or charges
collected at particular Federal areas be used for or credited to specific purposes or special funds as authorized by that
provision of law.
(b) Relation to revenue allocation laws
Amounts collected under this chapter, and the existence of a fee management agreement with a governmental entity
under section 6805(a) of this title, may not be taken into account for the purposes of any of the following laws:
(1) The sixth paragraph under the heading "F
" in the Act of May 23, 1908 (16 U.S.C. 500).
(2) Section 13 of the Act of March 1, 1911 (16 U.S.C. 500; commonly known as the Weeks Act).
(3) The fourteenth paragraph under the heading "F
" in the Act of March 4, 1913 (16 U.S.C. 501).
(4) Section 1012 of title 7.
(5) Title II of the Act of August 8, 1937,1 and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.) 1.
(6) Section 869–4 of title 43.
(7) Chapter 69 of title 31.
(8) Section 715s of this title.
(9) The Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106–393; 16 U.S.C.
500 note),1 except that the exception made for such Act by this subsection is unique and is not intended to be
construed as precedent for amounts collected from the use of Federal lands under any other provision of law.
(10) Section 618a of title 43.
(11) The Federal Water Project Recreation Act (16 U.S.C. 460l–12 et seq.).
(12) Section 391 of title 43.
(13) The Act of February 25, 1920 (30 U.S.C. 181 et seq.; commonly known as the Mineral Leasing Act).
16/18

6/24/2020

(14) Section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 31 U.S.C.
6901 note) 1.
(15) Section 5(a) of the Lincoln County Land Act of 2000 (Public Law 106–298; 114 Stat. 1047).
(16) Any other provision of law relating to revenue allocation.
(c) Consideration of other funds collected
Amounts collected under any other law may not be disbursed under this chapter.
(d) Sole recreation fee authority
Recreation fees charged under this chapter shall be in lieu of fees charged for the same purposes under any other
provision of law.
(e) Fees charged by third parties
Notwithstanding any other provision of this chapter, a third party may charge a fee for providing a good or service to
a visitor of a unit or area of the Federal land management agencies in accordance with any other applicable law or
regulation.
(f) Migratory Bird Hunting Stamp Act
Revenues from the stamp established under the Act of March 16, 1934 (16 U.S.C. 718 et seq.; commonly known as
the Migratory Bird Hunting Stamp Act or Duck Stamp Act), shall not be covered by this chapter.
(Pub. L. 108–447, div. J, title VIII, §814, Dec. 8, 2004, 118 Stat. 3392.)

R

T

This chapter, referred to in text, was in the original "this Act", and was translated as reading "this title",
meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the Federal Lands
Recreation Enhancement Act, to reflect the probable intent of Congress. For complete classification of
title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.
Section 6805 of this title, referred to in subsec. (b), was in the original a reference to section 6, and was
translated as meaning section 806 of title VIII of div. J of Pub. L. 108–447, to reflect the probable intent of
Congress.
The Act of August 8, 1937, referred to in subsec. (b)(5), probably means act Aug. 28, 1937, ch. 876, 50
Stat. 874. Title II of the Act enacted section 2605 of Title 43, Public Lands, repealed section 1174 of Title 43,
and enacted provisions set out as a note under section 2601 of Title 43. For complete classification of this
Act to the Code, see Tables.
The Act of May 24, 1939, referred to in subsec. (b)(5), is act May 24, 1939, ch. 144, 53 Stat. 753, was
formerly classified to sections 1181f–1 to 1181f–4 of Title 43, Public Lands, and provisions set out as a note
under section 1181f–1 of Title 43 prior to editorial reclassification, and is now classified generally to
subchapter II (§2621 et seq.) of chapter 44 of Title 43. For complete classification of this Act to the Code,
see Tables.
The Secure Rural Schools and Community Self-Determination Act of 2000, referred to in subsec. (b)
(9), is Pub. L. 106–393, Oct. 30, 2000, 114 Stat. 1607. Sections 1 to 3 and titles I to IV of the Act were set out
as notes under section 500 of this title prior to the repeal and reenactment of sections 1 to 403 of the Act by
Pub. L. 110–343, div. C, title VI, §601(a), Oct. 3, 2008, 122 Stat. 3893–3910. The new sections 1 to 403 of the
Act are classified generally to chapter 90 (§7101 et seq.) of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 7101 of this title and Tables.
The Federal Water Project Recreation Act, referred to in subsec. (b)(11), is Pub. L. 89–72, July 9, 1965,
79 Stat. 213, as amended, which is classified principally to part C (§460l–12 et seq.) of subchapter LXIX of
chapter 1 of this title. For complete classification of this Act to the Code, see Short Title note set out under
section 460l–12 of this title and Tables.
The Act of February 25, 1920, referred to in subsec. (b)(13), is act Feb. 25, 1920, ch. 85, 41 Stat. 437,
as amended, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§181 et seq.) of
Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note
set out under section 181 of Title 30 and Tables.
Section 4(e) of the Southern Nevada Public Land Management Act of 1998, referred to in subsec. (b)
(14), is section 4(e) of Pub. L. 105–263, Oct. 19, 1998, 112 Stat. 2345, which is not classified to the Code.
Section 5(a) of the Lincoln County Land Act of 2000, referred to in subsec. (b)(15), is section 5(a) of
Pub. L. 106–298, Oct. 13, 2000, 114 Stat. 1047, which is not classified to the Code.
The Migratory Bird Hunting Stamp Act, referred to in subsec. (f), subsequently renamed the Migratory
Bird Hunting and Conservation Stamp Act, is act Mar. 16, 1934, ch. 71, 48 Stat. 451, as amended, which is
classified generally to subchapter IV (§718 et seq.) of chapter 7 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section 718 of this title and Tables.
1 See References in Text note below.
17/18

6/24/2020

§6814. Limitation on use of fees for employee bonuses
Notwithstanding any other provision of law, fees collected under the authorities of the chapter may not be used for
employee bonuses.
(Pub. L. 108–447, div. J, title VIII, §815, Dec. 8, 2004, 118 Stat. 3393.)

R

T

The chapter, referred to in text, was in the original "the Act", and was translated as reading "this title",
meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the Federal Lands
Recreation Enhancement Act, to reflect the probable intent of Congress. For complete classification of
title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.

18/18